Weller v. Home News Publishing Co.
New Jersey Superior Court
112 N. J. Super. 502, 271 A.2d 738 (1970)
- Written by Miller Jozwiak, JD
Facts
Mary Weller (plaintiff) was a hospital patient who was receiving treatment for a heart condition. The hospital’s public relations director ran several articles in a local newspaper (defendant) about the hospital’s charity work. One of the articles discussed Prudence “Grandmom” Pickett, a Medicare-ineligible grandmother who was kind and poor. The grandmother figure was fictional. However, the photograph that was published with the Pickett story was not fictional. Instead, the hospital used a photograph of Weller using her walker. In response, Weller sued the newspaper for, as relevant here, libel and invasion of privacy. While litigation was pending, Weller died. The newspaper then moved for summary judgment, arguing that the invasion-of-privacy claim did not survive Weller’s death.
Rule of Law
Issue
Holding and Reasoning (Furman, J.)
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